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As is the case with any type of lawsuit, it is impossible to predict how long an FLSA lawsuit could or will take. Unfortunately, as you may be aware, the legal process can be typically slow. FLSA cases are filed in federal, not state, court so the deadlines are generally more structured and the cases move more quickly. However, how fast a case can settle or get to trial will vary from judge to judge and, candidly, from client to client. Many FLSA cases do settle before trial, but again, it depends on the circumstances of each case. Many of our cases are resolved within three to fourth months of filing, or sometimes even sooner.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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